- 60 - tion property as defined in section 49(e). Section 49(e)(1) defines transition property to mean any property placed in service after December 31, 1985, and to which the amendments made by section 201 of the Tax Reform Act of 1986 do not apply, except that in making such determination-- * * * * * * * (B) sections 203(b)(1) and 204(a)(3) of such Act shall be applied by substituting "December 31, 1985" for "March 1, 1986", Section 203(b)(1) of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2143-2144, provides in pertinent part: (1) IN GENERAL.--The amendments made by section 201 shall not apply to-- (A) any property which is constructed, recon- structed, or acquired by the taxpayer pursuant to a written contract which was binding on March 1, 1986, (We shall hereinafter refer to the foregoing exception in section 203(b)(1)(A) of the Tax Reform Act of 1986, 100 Stat. 2144, as the binding contract exception.) The conference committee report addressing the binding contract exception states that the binding contract exception "applies only to contracts in which the construction, reconstruc- tion, erection, or acquisition of property is itself the subject matter of the contract." H. Conf. Rept. 99-841, at II-55 (1986), 1986-3 C.B. (Vol. 4) 55. Thus, in order for property to be transition property within the meaning of section 49(e)(1), it must be constructed, reconstructed, or acquired by the taxpayer pursuant to a written contract (1) that was binding on DecemberPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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